Misdemeanors

Section 2000 - General Provisions; State Law Adopted By Reference

2000.01 - Conduct prohibited

It is unlawful to engage in any act or in the behavior prohibited by the chapter. Violation of a provision of this chapter is a misdemeanor and may be punished as provided in section 115 of this code.

2000.03 - Provisions of criminal code adopted by reference

Subdivision 1

The provisions of Minnesota Statute, chapter 609, as set forth in this subsection, are hereby adopted by reference and are as much a part of this code as if fully set forth herein.

Subd. 2

Section 609.221, 609.223, 609.223, 609.2231, and 609.224, "Assault in first to fifth degree".

Subd. 3

Section 609.51, "Simulating legal process".

Subd. 4

Section 609.52., "Theft".

Subd. 5

Section 609.505, "Falsely reporting a crime".

Subd. 6

Section 609.535, "Issuance of dishonored checks".

Subd. 7

Section 609.545, "Misuse of credit card to secure services".

Subd. 8

Section 609.576, "Negligent fires; dangerous smoking".

Subd. 9

Section 609.605, "Trespass".

Subd. 10

Section 609.66, "Dangerous weapons".

Subd. 11

Section 609.68, "Unlawful deposit of garbage, litter, or like".

Subd. 12

Section 609.705, "Unlawful assembly".

Subd. 13

Section 609.715, "Presence at unlawful assembly".

Subd. 14

Section 609.72, "Disorderly conduct".

Subd. 15

Section 609.75 "Gambling; definitions".

Subd. 16

Section 609.755, "Acts of or relating to gambling".

2000.05 - Violation

A violation of the statutes adopted by reference herein is a violation of this code.

Section 2005 - Misdemeanors; Specific Provisions

2005.01 - Disorderly conduct

The following acts are disorderly conduct:

1. lurking, lying in wait, or concealment in any building, yard, or street within the city with intent to do mischief, or to pilfer, or to commit any crime or misdemeanor therein;
2. willfully disturbing any meeting not unlawful in its character, or the peace and quiet of any family or neighborhood;
3. willfully and lewdly exposing one's person or one's private parts, or procuring another to so expose oneself, and any open and gross lewdness or lascivious behavior, or any act of public indecency;
4. using profane, vulgar or indecent language in or about any public building, store, place of public entertainment, or place of business, or upon any of the streets, alleys. sidewalks, or parks of the city so as to be audible and offensive;
5. appearing upon any public street or other public places in an intoxicated condition or drinking intoxication liquor on any street or a vehicle upon a public street;
6. unlawfully striking or in any unlawful manner offering to or doing any bodily harm to another person or unlawfully making an attempt to apply any degree of force or violence to the person of another, or in a violent, rude, angry, or insolent manner touch or lay hands upon the person of another;
7. willfully making a false report to a police officer in the performance of his official duties;
8. discharge of firearms/BB guns.

2005.03 - Resisting a public officer

It is unlawful to willfully resist, delay, or obstruct a public officer in discharging or attempting to discharge a duty of the officer's office.

2005.05 - False statements

It is unlawful to make a false statement in an application for a permit or license from the city.

2005.07 Loitering

Subdivision 1 - Prohibited

It is unlawful to loiter, loaf, wander, stand, or remain idle either along or in consort with others in a public place in such manner as to:

1. Obstruct any public street, public highway, public sidewalk, or any other public place or any building generally open to public patronage, by hindering or impeding or tending to hinder or impede the free and uninterrupted passage of vehicles, traffic, or pedestrians;
2. Commit in or upon any public street, public highway, public sidewalk, or any other public place, or any building generally open to public patronage, any act or thing which is an obstruction or interference to the free uninterrupted use of property or with any business lawfully conducted by any one in or upon or facing or fronting on any such public street, public sidewalk, or any other public place, or building, all of which prevents the free uninterrupted ingress, egress, and regress therein, thereon, and thereto.

Subd. 2 - Police order

If a person causes or commits a condition enumerated in subdivision 1, a police officer or any law enforcement officer may order that person to stop causing or committing such conditions and to move on or disperse. A person who fails or refuses to obey such orders is guilty of a violation of this subsection.

2005.09 - Fire alarm system and false alarms

It is unlawful to tamper with or in any way interfere with any element of any fire alarm system within the city. It is unlawful to give, or cause to be given, any alarm or fire, or other emergency condition when no fire or emergency condition exists.

2005.11 - Obstruction of fire hydrants

It is unlawful to park a vehicle in such a way as to obstruct a fire hydrant. The stopping or parking of a vehicle within ten feet of a fire hydrant is an obstruction of the hydrant and a violation of this subsection.

2005.13 - Liquor and beer in parks

It is unlawful to bring into, possess, barter, give away, or consume any intoxicating liquor or non-intoxicating malt beverages in any public park or any vehicle parking area immediately adjoining such park.

2005.15 - Liquor and beer in public places

Subdivision 1 - Public ways

It is unlawful to consume, barter, or give intoxicating beverages, or malt beverages in or upon a public street, avenue. boulevard, alley, or other public way, whether in a vehicle or not, in the city.

Subd. 2 - Parking areas

It is unlawful to consume, barter, or give any intoxicating beverages or non-intoxicating malt beverages in or upon a parking area open to the public whether in an vehicle or not.

2005.17 - Trespass: notice

Subdivision 1

On premises privately owned but open to the use of the general public, it is unlawful to remain on the premises after having been requested to leave by the owner of the premises, an authorized representative of the owner, or any other person or entity entitled to possession of the premises.

Subd. 2 - Two year rule

On any property privately owned but open to the use of the general public, it is unlawful to return to the property after receipt of a written notice of trespass from the owner, an authorized representative of the owner, or any person or entity entitled to possession of the property, or law enforcement official, which notice prohibits the person from returning to the property. This prohibition is effective for two years from the date the written notice was served.

Subd. 3 - Notice

The written notice under subdivision 2 must be personally served upon the party prohibited from entering the property. An affidavit of service must be executed at the time of service. A prosecution may not be maintained under subdivision 2 unless the property owner or other complaining party can produce a copy of the notice of trespass and a signed affidavit of its service.

Section 2010

Section 1 - Public Nuisance

Whoever by his act or failure to perform a legal duty intentionally does any of the following is guilty of maintaining a public nuisance, which is a misdemeanor:

1. Maintains or permits a condition which unreasonably annoys, injures or endangers the safety, health, morals, comfort or repose of any considerable number of members of the public;
2. Interferes with, obstructs or renders dangerous for passage any public highway or right-of-way, or waters used by the public; or
3. Is guilty of any other act or omission declared by law, this ordinance, or any other Freeport City ordinance to be a public nuisance and for which no sentence is specifically provided.

Section 2 - Public Nuisances Affecting Health

The following are hereby declared to be public nuisances affecting health:

1. Exposed accumulation of decayed or unwholesome food or vegetable matter;
2. All diseased animals running at large;
3. All ponds or pools of stagnant water;
4. Carcasses of animals not buried or destroyed within 24 hours after death;
5. Unreasonable accumulations of manure, refuse or other debris;
6. Privy vaults and garbage cans which are not rodent-free or fly-tight or which are so maintained as to constitute a health hazard or to emit foul and disagreeable odors;
7. The pollution of any public well or cistern, stream or lake, canal or body of water by sewage, industrial waste or other substances;
8. All noxious weeds and other rank growths of vegetation upon public or private property;
9. Dense smoke, noxious fumes, gas and soot, or cinders, in unreasonable quantities;
10. All public exposure of people having a contagious disease;
11. Any offensive trade or business as defined by law not operating under local license.

Section 3 - Public Nuisances Affecting Public Morals and Decency

The following are hereby declared to be public nuisances affecting public morals and decency:

1. All gambling devices, slot machines and punch boards, except as otherwise authorized by federal, state or local law;
2. Betting, bookmaking, and all apparatus used in those occupations;
3. All house kept for the purpose of prostitution or promiscuous sexual intercourse, gambling houses, houses of ill fame and bawdy houses;
4. All places where intoxicating liquors is manufactured or disposed of in violation of law or where, in violation of law, people are permitted to resort for the purpose of drinking intoxicating liquor, or where intoxicating liquor is kept for sale or other disposition in violation of law, and all liquor and other property used for maintaining that place;
5. Any vehicle used for the unlawful transportation of intoxicating liquor, or for promiscuous sexual intercourse, or any other immoral or illegal purpose.

Section 4 - Public Nuisances Affecting Peace and Safety

The following are declared to be public nuisances affecting public peace and safety:

1. All snow and ice not removed from public sidewalks 24 hours after the snow or other precipitation causing the condition has ceased to fall;
2. All trees, hedges, billboards or other obstructions which prevent people from having a clear view of all traffic approaching an intersection;
3. All wires and limbs of trees which are so close to the surface of a sidewalk or street as to constitute a danger to pedestrians or vehicles;
4. All obnoxious noises in violation of Minn. Rules Ch. 7030, as they may be amended from time to time which are hereby incorporated by reference into this code;
5. The discharging of the exhaust or permitting the discharging of the exhaust of any stationary internal combustion engine, motor boat motor vehicle, motorcycle, all terrain vehicle, snowmobile or any recreational devices except through a muffler or other device that effectively prevents loud or explosive noises there-from and complies with all applicable state laws and regulations;
6. The using or operation or permitting the using or operation of any radio receiving set, musical instrument, phonograph, paging system, machine or other device for producing or reproduction of sound in a distinctly and loudly audible manner so as to disturb the peace, quiet and comfort of any person nearby. Operation of any device referred to above between the hours of 10:00 p.m. and 7:00 a.m. in a manner so as to be plainly audible at the property line of the structure or building in which it is located, or at a distance of 50 feet if the source is located outside a structure or building shall be prima facie evidence of a violation of this section;
7. The participation in a party or gathering of people giving rise to noise which disturbs the peace, quiet or repose of the occupants of adjoining or other property;
8. Obstructions and excavations affecting the ordinary public use of streets, alleys, sidewalks or public grounds, except under conditions as are permitted by Freeport City ordinance or other applicable law;
9. Radio aerials or television antennae erected or maintained in a dangerous manner;
10. Any use of property abutting on a public street or sidewalk any use of a public street or sidewalk which causes large crowds of people to gather, obstructing traffic and the free use of the street or sidewalk;
11. All hanging signs, awnings and other similar structures over streets and sidewalks, so situated as to endanger public safety, or not constructed and maintained as provided by Freeport City ordinance and other applicable laws;
12. The allowing of rain water, ice or snow to fall from any building or structure upon any street or sidewalk or to flow across any sidewalk;
13. Any barbed wire fence less than six feet above the ground and within three feet of a public sidewalk or way;
14. All dangerous, unguarded machinery in any public place, or so situated or operated on private property as to attract the public;
15. Waste water cast upon or permitted to flow upon streets or other public properties;
16. Accumulations in the open of discarded or disused machinery, household appliances, automobile bodies, discarded or disused lumber or other building materials, wood, brush, yard waste, or other material in a manner conducive to the harboring of rates, mice, snakes or vermin, or the rank growth of vegetation among the items so accumulated, or in a manner creating fire, health or safety hazards from accumulation;
17. Any well, hole or similar excavation which is left uncovered or in another condition as to constitute a hazard to any child or other person coming on the premises where it is located;
18. Obstruction of the free flow of water in a natural waterway or a public street, drain, gutter or ditch with trash or other materials;
19. The placing or throwing on any street, sidewalk or other public property of any glass, tacks, nails, bottles or other substance which may injure any person or animal or damage any pneumatic tire when passing over the substance;
20. The depositing of garbage or refuse on a public right-of-way or on adjacent property;
21. All other conditions or things which are likely to cause injury to the person or property of anyone.
22. Nothing in this section prohibits:
    1. the storage of machinery, auto bodies, or household appliances within a non-residential building, or
    2. the storage in the open of lumber, building materials, or wood that is
       1. kept a minimum of 12 inches above the ground or other surface, and
       2. fully screened so as not to be visible from any adjoining properties, public street, right-of-way, or sidewalk.

Section 5 - Duties of City Officers

The City Clerk, Building Official, Police Department, or Sheriff if the City has no Police Department, shall enforce the provisions relating to nuisances. Any City Official or peace officer shall have the power to inspect private premises and take all reasonable precautions to prevent the commission and maintenance of public nuisances.

Section 6 - Abatement

1. Notice - Written Notice of Violation; Notice of the time, place and subject of any hearing before the City Council; Notice of the City Council Order; and Notice of Motion for Summary Enforcement Hearing shall be given as set forth in this section.
   1. Notice of Violation - Written Notice of Violation shall be served by the City Clerk, Building Official, or a peace officer on the owner of record or occupant of the premises either in person or by certified or registered mail. If the premises is not occupied, the owner of record is unknown, or the owner of record or occupant refuses to accept the Notice of Violation, the Notice of Violation shall be served by posting it on the premises.
   2. Notice of City Council Hearing - Written notice of any City Council hearing to determine or abate a nuisance shall be served on the owner of record and occupant of the premises either in person or by certified or registered mail. If the premises is not occupied, the owner of record is unknown, or the owner of record or occupant refuses to accept notice of the City Council hearing, notice of the City Council hearing shall be served by posting it on the premises.
   3. Notice of City Council Order - Except for those cases determined by the City to require summary enforcement, written notice of any City Council Order shall be served as provided in Minnesota Statutes Section 463.17 (Hazardous and Substandard Building Act), as it may be amended from time to time.
   4. Notice of Motion for Summary Enforcement - Written notice of any Motion for Summary Enforcement shall be served as provided in Minnesota Statutes Section 463.17 (Hazardous and Substandard Building Act), as it may be amended from time to time.
2. Procedure - Whenever the City Clerk, Building Official, or a peace officer determines that a public nuisance is being maintained or exists on a premises within the City, the City Clerk, Building Official, or peace officer shall notify in writing the owner of record or occupant of the premises of such fact and order that the nuisance be terminated and abated. The Notice of Violation shall specify the steps to be taken to abate the nuisance and the time within which the nuisance is to be abated. If the Notice of Violation is not complied with within the time specified, the City Clerk shall report that fact to the City Council. The City Council may, after notice to the owner or occupant and an opportunity to be heard, determine that the condition identified in the Notice of Violation is a nuisance and further order that if the nuisance is not abated within the time prescribed by the City Council, the City may seek injunctive relief by serving a copy of the City Council Order and a Notice of Motion for Summary Enforcement.
3. Emergency Procedure; Summary Enforcement. In cases of emergency, where delay in abatement required to complete the notice and procedure requirements set forth above will permit a continuing nuisance to unreasonably endanger the public health, safety, or welfare, the City Council may order summary enforcement and abate the nuisance. To proceed with summary enforcement, the City Clerk, Building Official, or a peace officer shall determine that a public nuisance exists or is being maintained on a premises within the City and that delay in abatement of the nuisance will unreasonably endanger public health, safety, or welfare. The City Clerk, Building Official, or peace officer shall notify in writing the occupant or owner of the premises of:
   1. the nature of the nuisance,
   2. the City's intention to seek summary enforcement, and
   3. the time and place of the City Council meeting to consider the question of summary enforcement.
   If the City Council shall determine:
   1. the condition identified in the notice to the owner or occupant is a nuisance, and
   2. the public health, safety, or welfare will be unreasonably endangered by delay in abatement required to complete the procedures set forth above, the City Council may order that the nuisance be immediately terminated or abated. If the nuisance is not immediately terminated or abated, the City Council may order summary enforcement and abate the nuisance.
4. Immediate Abatement. Nothing in this ordinance shall prevent the City, without notice or other process, from immediately abating any condition which poses an imminent and serious hazard to human life or safety.

Section 7 - Recovery of Cost

1. Personal Liability - The owner of a premises on which a nuisance has been abated by the City shall be personally liable for the cost to the City of the abatement, including administrative costs. As soon as the work has been completed and the cost determined, the City Clerk or other official shall prepare a bill the cost and mail it to the owner. Thereupon the amount shall be immediately due and payable at the office of the City Clerk.
2. Assessment - If the nuisance is a public health or safety hazard on private property, the accumulation of snow and ice on public sidewalks, the growth of weeds on private property or outside the traveled portion of streets, or unsound or insect-infected trees, the City Clerk shall, on or before September 1 next following abatement of the nuisance, list the total unpaid charges along with all other charges, as well as other charges for current services to be assessed under Minnesota Statutes Section 429.101, against each separate lot or parcel to which the charges are attributable. The City Council may then spread the charges against the property under that statute and other pertinent statutes for certification to the County Auditor and collection along with current taxes the following year or in annual installments, not exceeding ten, as the City Council may determine in each case.

Section 2015 - Conduct In Or Around School Buildings

2015.01 - Defacement of school property

It is unlawful to mark with ink, paint, chalk, or other substances, or post hand bills on, or in any other manner deface or injure any public or private school building or structures used or usable for school purposes within the city, mark, deface, or injure fences, trees, lawns, or fixtures appurtenant to or located on the site of such buildings, or post hand bills on such fences, trees, or fixtures, or place a sign anywhere on any such site.

2015.03 - Breach of peace on, or adjacent to school grounds

It is unlawful to willfully or maliciously make or assist in making on any school grounds adjacent to any school building or structure any noise, disturbance, or improper division, or activity which peace, quiet, and good order is disturbed.

2015.05 - Offensive language and conduct

It is unlawful to use offensive, obscene, or abusive language or engage in boisterous or noisy conduct tending reasonably to arouse alarm, anger, or resentment in others on school grounds, or in buildings, or structures.

2015.07 - Improper conduct while school in session

It is unlawful to, in any school room, or in any building, or on the grounds adjacent to the same, disturb, or interrupt the peace and good order of the school while in session. A person not in immediate attendance in the school and being in such building or upon the premises belonging thereto who conducts or behaves improperly, or who upon the request of a teacher of such school or the person in charge thereof to leave said building or premises, neglects, or refuses so to do, is in violation of this section. It is unlawful to loiter on school grounds, or in school buildings, or structures.

Section 2020 - Nuisances; Shade Tree Disease Control

2020.01 - Declaration of policy

The city council has determined that the health of the shade trees within the city limits is threatened by shade tree diseases. It has further determined that the loss of shade trees growing upon public and private property would substantially depreciate the value of property within the city and impair the safety, good order, general welfare, and convenience of the public. It is the intention of the council to control and prevent the spread of these diseases, and this section is enacted for that purpose, and to conform to the policies and procedures embodied in Minnesota Statutes, section 18.023, section 66, and rules promulgated there-under.

2020.03 - Definitions

Subdivision 1

The terms defined in this section have the meanings given them.

Subd. 2

"Shade tree" means an oak or elm tree situated in the City of Freeport.

Subd. 3

"Shade tree disease" means Dutch Elm Disease caused by ceratocystis ulmi, or Oak Wilt Disease caused by ceratocystis fagaceorum.

Subd. 4

"Commissioner" means the commissioner of the Minnesota Department of Agriculture.

Subd. 5

"Tree inspector" or "inspector" means a person having the necessary qualifications to conduct a shade tree program and who is so certified by the commissioner.

Subd. 6

"Disease control area" means the City of Freeport.

Subd. 7

"Shade tree control program" or "program" means a program developed by the city to combat shade tree disease in accordance with rules promulgated by the commissioner.

2020.05 - Tree inspector

Subdivision 1 - Position created

The powers and duties of the city tree inspector as set forth in this section are hereby conferred upon the city clerk-treasurer. The clerk-treasurer may designate a city employee to perform the duties of tree inspector.

Subd. 2 - Duties of tree inspector

It is the duty of the tree inspector to coordinate, under the direction and control of the council, all activities of the city relating to the control and prevention of shade tree disease. The inspector must recommend to the council the details of a program for the control of shade tree disease, and perform the duties incident to such a program adopted by the council.

2020.07 - Shade tree disease program

It is the intention of the city council to conduct a program of shade tree control pursuant to the authority granted by Minnesota Statutes, section 18.023. This program is directed specifically at the control and elimination of shade tree disease and is undertaken at the recommendation of the commissioner of agriculture, and in conformance with rules promulgated by the commissioner. The city tree inspector acts as coordinator between the commissioner of agriculture and the council in the conduct of this program.

2020.09 - Shade tree diseases

Subdivision 1 - Nuisances declared

The following things are public nuisances whenever they may be found within the city:

1. A living or standing elm tree or part thereof infected to any degree with the Dutch elm disease fungus ceratocystis ulmi (buisman) moreau, or which harbors any of the elm bark beetles scolytus multistriatus (eichh.) or hyluigopinus rufipes (marsh).
2. A dead elm tree or part thereof, including legs, branches, stumps, firewood, or other elm material from which the bark has not been removed and burned or sprayed with an effective elm bark beetle insecticide.
3. A living or standing northern red oak, northern pine oak, black oak, or scarlet oak, or part thereof infected to any degree with oak wilt disease.

Subd. 2 - Abatement

It is unlawful for any person to permit any public nuisance as defined in subdivision 1 to remain on premises owned or controlled by that person within the city. Such nuisances may be abated in the manner prescribed by this section.

2020.11 - Inspection and investigation

Subdivision 1 - Annual inspection

The tree inspector must inspect all premises and places within the city as often as practicable to determine whether any condition described in subsection 2020.09 exists thereon. The inspector must investigate all reported incidents of infestation by Dutch Elm Fungus, Elm Bark Beetles, or Oak Wilt.

Subd. 2 - Entry on private premises

The tree inspector may enter upon private premises at any reasonable time for the purpose of carrying out any of the duties of the inspector under this section. Such inspections must be preceded by two days' written notice to the owner of said private property, unless such a notice is waived in writing by the owner.

Subd. 3 - Diagnosis

The tree inspector must, upon finding conditions indicating shade tree disease infestation, immediately send appropriate specimens or sample to the commissioner of agriculture for analysis, or take such other steps for diagnosis as may be provided b y the commissioner by rule. Except as provided in subsection 2020.13 no action to remove infected trees or wood must be taken until positive diagnosis of the disease has been made.

2020.13 - Abatement of shade tree disease nuisances

In abating the nuisances defined in this section, the inspector must cause the infected tree or wood to be sprayed, removed, burned, or otherwise effectively treated so as to destroy and prevent as fully as possible the spread of disease. Such abatement procedures must be carried out in accordance with current technical and expert opinions and procedures as may be established by the commissioner of agriculture.

2020.15 - Procedure for removal of infected trees and wood

Subdivision 1 - Findings

Whenever the tree inspector finds with reasonable certainty that the infestation defined in subsection 2020.07 exists in any tree or wood in any public or private place in the city, the inspector must proceed as follows:

1. If the inspector finds that the danger of infestation of other trees is not imminent because of dormancy, the inspector must make a written report of his findings to the council which must proceed by
   1. abating the nuisance as a public improvement under Minnesota Statutes, chapter 429, or
   2. abating the nuisance as provided in subdivision 2 of this section.
2. If the Inspector finds danger of infestation of other trees is imminent, the inspector must notify the abutting property owner by certified mail that the nuisance will be abated within a special time, not less than five days from the date of mailing of such notice. The inspector must immediately report such action to the council, and after the expiration of the time limited by the notice the inspector may abate the nuisance.

Subd. 2 - Notice; hearing

Upon receipt of the inspector's report required by subdivision 1 a), the council may by resolution order the nuisance abated. Before action is taken on such resolution, the council must publish notice of its intention to meet to consider taking action to abate the nuisance. The notice must be mailed to affected property owners and published once no less than one week prior to such meeting. The notice must state the time and place of the meeting, the streets affected, action proposed, and the estimated cost of the abatement, and the proposed basis of assessment, if any, of costs. At such hearing or adjournment thereof, the council must hear property owners with reference to the scope and desirability of the proposed project. The council may thereafter adopt a resolution confirming the original resolution with such modification as it considers desirable and provide for the doing of the work by day labor or by contract.

Subd. 3 - Records

The inspector must keep a record of the costs of abatement ordered under this subsection and report monthly to the city clerk-treasurer work done for which assessments are to be made stating and certifying the description of the land, lots, parcels involved and the amount chargeable to each.

Subd. 4 - Assessment

On or before September 1^st of each year, the clerk-treasurer must list the total unpaid charges for each abatement against each separate lot or parcel to which they are attributable under this section. The council may then spread the charges or any portion thereof against the property involved as a special assessment under Minnesota Statutes, section 429.101 and other pertinent statutes for certification to the county auditor and collection the following year along with current taxes.

2020.17 - Tree inspector; program

The tree inspector must conduct the shade tree disease control program in accordance with the rules and regulations of the commissioner embodied in AGR 101-120, "shade tree disease control" and subsequent amendments thereto.

2029.19 - Transporting elm wood prohibited

Subdivision 1

It is unlawful to transport within the city any bark-bearing elm wood without having obtained a permit from the tree inspector. The inspector will grant such permits only when the purposes of this section will be served thereby.

2029.21 - Interference prohibited

It is unlawful to prevent, delay, or interfere with the inspector while engaged in the performance of the duties imposed by this section.